G.R. No. L-41313 November 6, 1975
Alipio Mondiguing and Andres Dunuan, petitioners, vs. Hon. Francisco Men Abad, as Judge of the Court of First Instance of Ifugao; People of the Philippines; Mariano Pactiw, alias Bugbug; Dulmog Abluyen and Angelina Abluyen, respondents.

FACTS

Petitioners Alipio Mondiguing and Andres Dunuan were among ten accused in Criminal Case No. 140 for double murder, frustrated murder, and attempted murder before the Court of First Instance of Ifugao. The charges stemmed from an ambush on July 23, 1970, in Baag, Banaue, Ifugao, which wounded Governor Gualberto Lumauig and killed his executive assistant and driver. The accused had not been arraigned as of the petition. On September 4, 1975, Mondiguing and Dunuan petitioned the Supreme Court to transfer the venue to Baguio or Quezon City. They alleged that a fair trial in Lagawe, Ifugao, was impossible because respondent Judge Francisco Men Abad was a protégé of Governor Lumauig and his brother, former Congressman Romulo Lumauig. They further claimed that their lives and the safety of their witnesses and lawyers were in grave danger due to political tensions and factional rivalry, noting that co-accused George Bayucca had been killed and Mondiguing had resigned as mayor and fled to Baguio.
The Acting Solicitor General did not oppose a change of venue but suggested Isabela due to its proximity. Respondent Judge Abad, in his comment, denied the allegations of bias, stating any bias would favor the People, and incorrectly asserted the crime was not committed personally against Governor Lumauig. He also disclosed a letter from Dunuan declining the services of Atty. Jose Diokno, who filed the petition, leading the Court to treat the petition as filed solely by Mondiguing. The Supreme Court noted its prior ruling in Paredes vs. Abad, which disqualified Judge Abad from hearing electoral protests involving Governor Lumauig due to his political ties.

ISSUE

Whether the petition for a change of venue filed by petitioner Alipio Mondiguing is justified.

RULING

Yes, the petition is granted. The Supreme Court, exercising its constitutional and inherent power to order a change of venue to prevent a miscarriage of justice, found Mondiguing’s plea meritorious. While a change of venue should not be granted for whimsical reasons, as the public interest favors trial near the crime scene, the Court has authority to transfer a case when serious reasons indicate that a fair and impartial trial cannot be had in the original venue. Here, the circumstances—including the prior disqualification of Judge Abad in a related matter due to his political association with the victim, Governor Lumauig, and the well-founded allegations of danger to Mondiguing’s life and the safety of his witnesses in Ifugao—justified the transfer. The Court cited People vs. Gutierrez and a precedent where a change was ordered due to threats of liquidation. Consequently, to ensure a fair trial and avoid injustice, the case is ordered transferred to the Circuit Criminal Court in Baguio City. The ancillary request for Mondiguing’s transfer from PC headquarters in Lagawe to Camp Crame is referred to the Circuit Criminal Court for consideration.